Sec. 145.012. EMERGENCY ORDER  


Latest version.
  • (a) The commissioner or the commissioner's designee may issue an emergency order relating to the operation of a tanning facility in the department's jurisdiction if the commissioner or the commissioner's designee determines that:

    (1) operation of the tanning facility creates or poses an immediate and serious threat to human life or health; and

    (2) other procedures available to the department to remedy or prevent the threat will result in unreasonable delay.

    (b) The commissioner or the commissioner's designee may issue an emergency order without notice or a hearing if the commissioner or the designee determines notice or a hearing is not practical under the circumstances.

    (c) If an emergency order is issued without a hearing, the department shall determine a time and place for a hearing at which the emergency order is affirmed, modified, or set aside. The hearing shall be held under rules of the department.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 684, Sec. 10, eff. June 15, 1995.